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PEOPLE v. DUCHI

2017-06056, Ind. No. 16-01074.

176 A.D.3d 968 (2019)

108 N.Y.S.3d 355

2019 NY Slip Op 07412

The People of the State of New York, Respondent, v. Juan Sumba Duchi, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 16, 2019.

Attorney(s) appearing for the Case

Adam Seiden, Mount Vernon, NY, for appellant.

Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (William C. Milaccio and Virginia A. Marciano of counsel), for respondent.

Mastro, J.P., Balkin, Barros and Christopher, JJ., concur.

Ordered that the judgment is affirmed.

The defendant's challenges to the legal sufficiency of the evidence supporting his convictions of attempted rape in the first degree (see Penal Law § 130.35[1]) and assault in the second degree (see Penal Law § 120.05[2]) are unpreserved for appellate review (see CPL 470.05[2]; People v Hawkins, 11 N.Y.3d 484, 492 [2008]). In any event, viewing the evidence...

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